Convention between the Member States of the European Communities on double jeopardy

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Denmark	Yes	No
France	Yes	No
Italy	Yes	No
Netherlands, the Kingdom of the	Yes	No
Portugal	Yes	No

Denmark

26-07-1989

Pursuant to article 2, paragraph 1 (a), (b) and (c) of the Convention, Denmark declares that it will not be bound by article 1 in the cases referred to in article 2, paragraph 1 (a), (b) and (c). With regard to the facts referred to in article 2, paragraph 1 (b), Denmark states, pursuant to article 2, paragraph 2, that this declaration concerns categories of offences covered by: 1o chapter 12 of the Danish Criminal Code (offences against the independence and security of the State); 2o chapter 13 of that Code (offences against the Constitution and the supreme authorities of the State); and 3o chapter 14 of that Code (offences against public authority), as well as any other offences logically falling into these categories. On the other hand, Denmark states that it will interpret the provisions of article 2, paragraph 1 (b) of the Convention as relating, inter alia, to the facts referred to in article 8, paragraph 1, §1 of the Danish Criminal Code.
Lastly, Denmark declares that it interprets the Convention as relating only to the possibility of imposing a sanction excluding the possibility of deprivation of rights.
Pursuant to article 6, paragraph 3 of the Convention, Denmark declares that the Convention will apply to it in its relations with States that have made the same declaration, 90 days after the date of deposit.
In addition, pursuant to article 8, paragraph 1 of the Convention, Denmark declares that the Convention will not apply to the Faroe Islands or Greenland.

France

18-03-1992

Pursuant to article 2, paragraph 1 of the Convention, the Government of the French Republic declares that it will not be bound by article 1 in the cases referred to in article 2, paragraph 1 (a) and (b). With regard to article 2, paragraph 1 (b), the Government of the French Republic declares that it will not be bound by article 1 if the facts which were the subject of the judgment rendered abroad constitute the following offences: a crime or offence against the security of the State, forgery of the State seal, counterfeiting of national currencies that are legal tender, an offence against French diplomatic or consular agents or premises.
In accordance with article 6, paragraph 3, the Government of the French Republic declares that the Convention will apply to it in its relations with States that have made the same declaration, 90 days after the date of deposit.

Italy

15-01-1990

The Government of the Italian Republic declares that:
- Article 1 of the Convention will not apply in the cases provided for in article 2, paragraph 1 (a), (b) and (c) of the present Convention.
- Offences against the personality of the State will constitute an offence against the security or other equally essential interests of the State within the meaning of article 2, paragraph 1 (b) of the Convention.
Lastly, the Government of the Italian Republic declares that:
- In accordance with article 6, it intends to apply this Convention in its relations with States that have made the same declaration when depositing the instrument of ratification, acceptance or approval.

Netherlands, the Kingdom of the

06-01-1994

In accordance with article 6, paragraph 3 of the Convention, the Kingdom of the Netherlands declares that the Convention will apply in the relations of the Kingdom of the Netherlands (the Netherlands, the Netherlands Antilles and Aruba) with other States that have made the same declaration.

Portugal

05-10-1995

Pursuant to article 2, paragraphs 1 and 2 of the Convention, Portugal declares:
A) that it will apply the double jeopardy principle in the case provided for in paragraph 1 (a) on the basis of the principle of reciprocity;
B) that the exception provided for in paragraph 1 (b) will be invoked, if necessary, to safeguard essential interests of the Portuguese State;
C) that the exception provided for in paragraph 1 (b) will be invoked for the offences of counterfeiting and forgery of currency or other offences of the same nature, the offences of terrorism and terrorist organisation and offences against the security of the State.
In accordance with article 6, paragraph 3, Portugal declares that the Convention will apply to it in its relations with other States that have made the same declaration 90 days after the date of deposit of the accepted or approved instrument of ratification.